O-2254-1-04ORDINANCE NO. 2254-1-04
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, EXTENDING UNTIL JULY 31, 2004, THE FRANCHISE
GRANTED TO DENTON COUNTY ELECTRIC COOPERATIVE, INC., DB/A
COSERV ELECTRIC TO OWN, OPERATE, AND MAINTAIN AN ELECTRIC
DISTRIBUTION SYSTEM IN THE CITY OF ALLEN; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on November 7, 1996, the City Council of the City of Allen ("City") granted an electric
franchise to Denton County Electric Cooperative, hic, d/b/a CoSery Electric ("Cooperative'), to own,
operate, and maintain an electric distribution system in the City; and,
WHEREAS, this electric Franchise Agreement granted by the Allen City Council would have expired July
27, 2003; and,
WHEREAS, City adopted Ordinance No. 2188-7-03 on July 22, 2003, to extend the Franchise Agreement to
January 30,2004; and,
WHEREAS, negotiations regarding renewal of the Franchise are still underway; and,
WHEREAS, reaching a final resolution requires additional time for negotiation beyond January 30, 2004;
and,
WHEREAS, both parties agree that an extension of the current Franchise under the same terms and
conditions until July 31, 2004, is in their best interest and,
WHEREAS, City and Cooperative agree that the extension of this Franchise shall not be deemed a waiver by
either party to exercise any right afforded by law or any defense.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Council hereby agrees to extend the Franchise granted to Cooperative, under the
same temvs and conditions until July 31, 2004.
SECTION 2. City and Cooperative do not waive any claims or defenses that may exist currently or arise in
the future as a result of this extension.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance
be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining
portions of said ordinance which shall remain in full force and effect.
SECTION 4. All provisions of the Ordinances of the City of Allen, Texas, in conflict with the provisions of
this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict with the
' provisions of this Ordinance shall remain in full force and effect.
SECTION 5. This ordinance shall take effect immediately from and after its passage and it is accordingly so
ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 13" DAY OF JANUARY 2004.
APPROVED:
/�
Stephenfferrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, ATTORNEY Shelley B. Geo TRMC, CITY SECRETARY
Ordinance No. 2254-1-04, Page 2